Dear Atty. Chris,

My friend, who is a part of the LGBTQ+ community, complains of repeated unwanted sexual advances by his co-worker "X."

After reporting the said matter, the HR manager started a disciplinary action wherein "X" denied the allegations of sexual advances.

Since they are of the same rank and of the same sex, his co-worker claims that his acts cannot be considered as sexual harassment because the former only pertains to a superior-subordinate relationship, where the perpetrator is the superior and the victim is the subordinate.

Are the claims of his co-worker true?

Edgar

Dear Edgar,

In addition to Republic Act 7877 or the Anti-Sexual Harassment Act of 1995, the Congress has since enacted Republic Act 11313, otherwise known as the Safe Spaces Act.

The Safe Spaces Act expands the concept of discrimination and protects persons of diverse sexual orientation, gender identity and/or expression. It thus recognizes gender-based sexual-harassment as including, among others, "misogynistic, transphobic, homophobic and sexist slurs."

"The Safe Spaces Act does not undo or abandon the definition of sexual harassment under the Anti-Sexual Harassment Law of 1995. The gravamen of the offenses punished under the Safe Spaces Act is the act of sexually harassing a person on the basis of his/her sexual orientation, gender identity and/or expression, while that of the offense punished under the Anti-Sexual Harassment Act of 1995 is abuse of one's authority, influence or moral ascendancy so as to enable the sexual harassment of a subordinate" (Escandor vs People of the Philippines, G.R. 211962, 6 July 2020).

In view of the foregoing, it is to be noted that the Safe Spaces Act expanded the scope of the 1995 Anti-Sexual Harassment Act. Under the Safe Spaces Act, acts committed between peers regardless of sexual orientation are now covered as punishable sexual harassment.